Regulation 12:
(1) A contractor, subcontractor, licensee or other allied entity shall not award a
contract based solely on the principle of the lowest bidder.
(2) Where an indigenous Ghanaian company has the capacity to execute t job, that
indigenous Ghanaian company shall not be disqualified exclusively on the basis that it is
not the lowest financial bidder.
(3)! Where the total value of the bid of a qualified indigenous Ghanaian company
does not exceed the lowest bid by more than ten percent, the contract shall be awarded to
that indigenous Ghanaian company.
(4) Where during an evaluation of bids, the bids are adjudged to be equal, the bid
containing the highest level of local content shall be selected.
(5) Where a non-indigenous Ghanaian company is required to provide goods and
services to a contractor, subcontractor, licensee, or other allied entity, that non-indigenous
Ghanaian company shall
(a) incorporate a company in Ghana as provided in regulation 4(5) and operate
it from Ghana; and
(b) provide the goods and services in association with an indigenous Ghanaian
company, where practicable.
(6) The Commission shall establish bid evaluation guidelines in accordance with applicable
laws and regulations for ensuring that the year on year progression of the local content objectives
of these Regulations are met.